Texas House Bill HB3381

Texas 2011 - 82nd Regular

• Out of House Committee: 4/28/11

Caption

Relating to the circumstances under which a final judgment of bond forfeiture may be reformed under a special bill of review.

Impact

The proposed legislation aims to reform the current understanding of bond forfeiture by emphasizing equitable considerations when evaluating requests for reform. It introduces criteria for courts to consider in such cases, including the state’s inconvenience in securing the defendant’s presence and any evidence that may not have been presented during the initial trial. As a result, this bill could potentially alter how bond forfeiture cases are adjudicated in Texas, making it more favorable for sureties to have a chance at rectifying forfeitures under certain circumstances. This change aims to promote fairness in judicial proceedings and ensure that judgements reflect the nature of the bail bond system.

Summary

House Bill 3381 addresses the circumstances under which a final judgment of bond forfeiture may be modified via a special bill of review. Specifically, it allows the surety—who has guaranteed the bond—up to two years after a forfeiture judgment to request a court to reform that judgment. The bill underscores that the primary purpose of a bail bond is to ensure that a defendant appears for their criminal proceedings, preventing it from being viewed as a punishment or a means for generating government revenue. This distinction is significant as it frames the legal context in which bonds are considered and the judicial remedies available to defendants and sureties alike.

Contention

The main areas of contention surrounding HB 3381 could involve debates on judicial discretion and equitable relief in bond forfeiture cases. Supporters might argue that the bill fosters fair treatment of sureties and defendants, fostering a system that emphasizes justice rather than punitive measures. Conversely, detractors may raise concerns regarding the potential for legal loopholes or misuse of the reformation requests, suggesting that such a framework could potentially burden the courts with additional proceedings. The implications of this bill largely rest on its wording regarding how judges determine what constitutes an equitable circumstance warranting reformation, which could be subject to varying interpretations.